INDEX.

ACCESSORIES.-See CRIMINAL LAW.

ACTIONS AND DEFENSES.

PAGE.
when fact of a misjoinder of counts cannot be taken ad-
vantage of ........

........... 52
when failure of consideration may be set up against as-
signee of trust deed.....

............. 85
the defense that writ of error is barred by the Statute of

Limitations must be raised by plea........ ......... 238
when equity will restrain threatened trespass—when an in-

junction will issue against commissioner of highways... 278
when intervening cause will not defeat an action for neg-
ligent driving of car....

.................. 359
defendant's affidavit of merits in a suit on contract for

money due must show nature of defense under his plea.. 416
when defendant's affidavit of merits shows nature of de-

fense and does not state conclusions.... ........ 416
it is not necessary to show fraud to defeat suit for spe-

cific performance ................................... 423
a defendant cannot question provisions of statute which do

not apply to his case—misnomer in information must be
pleaded in abatement ........

............. 449
quo warranto questions only jurisdiction in organizing a

drainage district ............ ......................... 584

ADMINISTRATION.

when the estate pur autre vie must be administered as in-
testate personal property.......

......... 401
administrator's petition to carry out deceased's contract to

convey is a statutory proceeding-appeal.............. 513

ADMINISTRATORS.—See EXECUTORS.

AGENCY.-See PRINCIPAL AND AGENT.

PAGE.

AMENDMENTS.

amendment of record after term cannot rest in recollec-
tion of judge ......

........ 154
when Appellate Court is without jurisdiction to grant leave

to amend record..................................... 500

..........

APPEALS AND ERRORS.

when it is a question of fact in Appellate Court whether

injured employee was in charge of work.......
the weight of conflicting evidence is for the jury........
when the verdict of a jury in a criminal case will not be

disturbed . ..........................................
when Supreme Court has jurisdiction although mechanics'

liens do not exceed $1000......
bill of exceptions presents only proceedings not a part of

record-general rule in case of conflict between record
and bill of exceptions....

........ 154
objection that one juror was not sworn comes too late on
writ of error.....................

........................... 155
judgment confirming award under Compensation act but

erroneously ordering execution may be modified in the
Supreme Court ......

......... 168
what order by Public Utilities Commission is appealable.. 184
matters not properly part of the record cannot be consid-

ered though copied therein by the clerk............... 206
executor who has been removed cannot prosecute a writ of

error-who may prosecute a writ of error............. 206
defense that writ of error is barred by the Statute of Limi-

tations must be raised by plea......... .............. 238
when denial of motion to find for defendant presents ques-

tion of law for Supreme Court............. .......... 248
when the Supreme Court will presume that the Appellate

Court considered evidence of title in third person in an
action of replevin......

................... 248
an executor's appeal stays enforcement of order for his

removal ........................................... 294
mere averment that a constitutional question is involved

does not authorize a direct review of a conviction for
a misdemeanor ........

............... 317
acts before entry of decree do not release errors-one who

accepts benefits of decree releases errors............... 350
acceptance of legacy after decree dismissing bill to contest
will is a release of errors.........

......... 350
on controverted questions of fact in action for negligence

the Supreme Court must assume what evidence for the
plaintiff tends to prove.........

.... 359

APPEALS AND ERRORS.—Continued.

PAGE.
when plaintiff in error cannot complain of refusal to give

an instruction—when bill of exceptions is filed in re-

quired time ........................................ 359
record need not recite, in terms, that indictment was re-

turned in open court and what officers were present..... 364
when abstract must show all instructions given.......... 364
when constitutional question is not involved..............
when freehold is not involved in suit between partners in
real estate business.....

........... 374
when finding of chancellor in suit for specific performance

will not be reversed..... ...................... 423
Supreme Court is bound by finding of trial and Appellate

Courts on question of fact in action for negligence.... 431
when record does not present question of delivery of deeds 443
misnomer in information cannot be raised for first time by
assignment of errors...

......... 449
replication to plea of release of errors admits facts not de-

nied-release of errors must be by party entitled to writ. 454
when compliance with judgment or decree does not operate
as a release of errors.....

........ 454
failure to appeal from decree does not constitute release of
errors-injunction . .....

n .................................. 454
what act of drainage commissioners does not bar right of
county collector to writ of error.....

....... 454
when former holding by county court in drainage proceed-

ing is not binding upon Supreme Court................ 459
when Appellate Court is without jurisdiction to grant leave

to amend record .................................... 500
when Supreme Court must affirm judgment of the Appel-
late Court dismissing appeal......

........ 500
administrator's petition to carry out deceased's contract to

convey is a statutory proceeding-appeal.............. 513
meaning of the term "in any suit or proceeding at law or .

in chancery," in section 8 of Appellate Court act........ 513
farty obtaining affirmative relief in equity must preserve
the evidence ...

.......... 543
writ of error in compensation case may be prosecuted un-

der act in force when final judgment was rendered...... 562

ATTORNEYS AT LAW.

offensive conduct toward judges cannot be permitted-

an attorney will be disbarred for attempting to bring
court into disrepute.......

.......... 55

AUTOMOBILES.-See MOTOR VEHICLES.

PAGE.

BAILMENTS.

when liability for loss is that of a carrier and not of a
warehouseman ..

....... 149

BANKRUPTCY.

bankruptcy of original contractors does not defeat liens
of sub-contractors . ....

........

BILLS OF EXCEPTIONS.

bill of exceptions presents only proceedings not a part of

record-general rule in case of conflict between record
and bill of exceptions....

.......... 154
when bill of exceptions is filed within required time....... 359

BRIDGES.—See TAXES; HIGHWAYS.

BURDEN OF PROOF.

burden is on plaintiff in action of replevin to prove right

to property ......................................... 248
burden is on complainants to establish invalidity of deed.. 319
when burden is on donee occupying fiduciary relation to

prove mental capacity of donor....................... 377
burden is on claimant under Compensation act to show in-
jury was accidental...

........... 555
burden is on defendants in will contest case to prove attes-
tation in presence of testatrix.......

... 609

CARRIERS.-See RAILROADS.

bill of lading is construed most strongly against the car-

rier—when liability for loss is that of a carrier and not
of a warehouseman.......

......... 149

CEMETERIES.

proceedings for condemnation for a cemetery must come

under Eminent Domain act........

.... 201

CITIES.—See MUNICIPAL CORPORATIONS.

CONDEMNATION.-See EMINENT DOMAIN.

CONFLICT OF LAWS.

omitted taxes of deceased owner of property are due at the
place where he resided.......

......... 191

PAGE.

CONSPIRACY.

what is sufficient to sustain charge of conspiracy to steal

automobiles . .......................................
when error in permitting witness to testify as to his previ-
ous good conduct is not prejudicial........

.........
the actions of one conspirator in furtherance of conspiracy

may be proved against the others......... .......
when witnesses may testify to contents of letter written by
a defendant .....

.......................

CONSTITUTIONAL LAW.

due process of law is complied with by public hearing be-

fore authorities in charge of drainage assessment...... 68
amendment of 1915 to section 37 of the Levee act is not

unconstitutional ........
the Search and Seizure act is not invalid as giving prefer-

ence to religious denominations—due process of law re-

quires notice ....................................... 121
when judgment in summary hearing is not binding—when

property may be destroyed without judicial proceeding.. 121
provision of the Search and Seizure act for destruction of

property is invalid ........ ....................... 121
presumptions are in favor of validity of statute......... 167
legislature has power to make Compensation act applicable
without election by employer.......

.......... 168
Compensation act does not deny constitutional right to jury

trial-Compensation act is not invalid in creating liabil-

ity without fault. ................................... 100
Compensation act does not delegate judicial powers to In-

dustrial Commission ........
restriction upon freedom of contract imposed by the Com-

pensation act is authorized by police power............
extent to which courts will review exercise of rate-making

power—when an order of Public Utilities Commission
fixing rates cannot be set aside......

...... 209
mere averment that a constitutional question is involved
· does not authorize direct review of a conviction for a
misdemeanor .....

............ 317
when constitutional question is not involved in appeal.... 372
regulation of speed of motor vehicles is a salutary exercise

of police power-statute creating offense must be certain 449
section 10 of the Motor Vehicle act is not invalid for
uncertainty . ....................

................................ 449
defendant cannot question provisions of statute which do
not apply to his case.......

..... 449

:........ 168

168